A. General
1. All residential, non-commercial, private swimming pools, hot tubs and spas shall be installed and maintained in compliance with all applicable building and technical codes adopted by the City of Paris, the Henry County Health Department and the Tennessee Department of Health Services.
2. The location of swimming pools, hot tubs, spas, appurtenances, accessories and accessory structures on residential lots shall be in compliance this section and all other applicable sections of the City of Paris, Tennessee Municipal Code.
B. Barriers
1. Private residential swimming pools, hot tubs and spas shall be enclosed by a fence, wall, building, or combination thereof not less than five (5) feet or greater than six (6) feet in height. The barrier shall completely enclose the area so that there is no direct access by small children or unsuspecting persons. A natural barrier, pool cover, or other protective device approved by the City of Paris Building Inspector may be used so long as the degree of protection afforded is equivalent to the enclosure, gate, and latch described herein. Spas or hot tubs with a safety cover that complies with ASTMF 1346 shall be exempt from these provisions.
2. Openings between vertical and horizontal members of barriers shall be spaced at intervals close enough to prevent passage of a four-inch sphere through the openings.
3. All gates allowing access to the area must be self-latching. The latches must be placed a minimum of four feet above the underlying ground or otherwise made inaccessible to small children from the outside. Gates leading directly to the area must be kept closed at all times unless premise occupants are in the vicinity of the area and can observe entry to the area through open gates.
4. Barriers, including gates, shall be maintained in good repair at all times to prevent entry into the area by small children and unsuspecting persons. If any portion of the barrier or gates become unsatisfactory to protect against entry into the area, whether caused by general deterioration, high winds, storms, etc., the barrier shall be repaired as soon as possible. Pending the permanent repairs, the area shall be protected by an adequate temporary barrier.
5. When the Code Enforcement Officer determines a barrier is deemed inadequate for protection and the premises owner or occupant fails to secure the area the Code Enforcement Officer shall give notice as set forth in this section to the owner of the real estate upon which the violation has occurred.
C. Maintenance.
1. It shall be the responsibility of the owner and/or the occupant of the premises to maintain a swimming pool, hot tub, and/or spa in safe, sanitary, and working condition at all times. Water contained in a swimming pool, hot tub or spa shall be maintained to a level of clarity that allows for the unaided visual inspection of the lowest point of the pool, hot tub or spa. Water not meeting this clarity definition shall be deemed a potential health and safety hazard, and thus a public nuisance.
2. All swimming pools shall be maintained to ensure the disinfection of all pool water pursuant to applicable health standards under state law and county ordinance. If disinfection is not maintained, then the owner of the real property upon which said pool is located shall be notified by United States mail, return receipt requested, by the Code Enforcement Officer to either:
A. Disinfect the swimming pool pursuant to applicable health standards under state laws and county ordinances; or
B. Drain and maintain the swimming pool, so that stagnant water does not accumulate.
Swimming pools with a safety cover which includes an anchoring mechanism properly labeled, installed, used and maintained in accordance with the manufacturer's published instructions shall be considered in compliance with this subsection.
3. Pools, hot tubs or spas that are not being maintained in accordance with this chapter and present a danger to the life, health or safety of any person shall be drained of all water by the owner or operator, and the owner or operator shall either:
(a) Fracture the shell and fill with dirt or sand that is not capable of holding water; or
(b) Remove the pool structure; or
(c) Cover with a safety cover.
4. A pool that remains drained of water for 180 days, not in working condition, and not covered as provided by subsection (2) above is presumed to be no longer maintained as a swimming pool. It shall be an affirmative defense to this subsection that the pool is in the process of actively being brought into compliance with this Chapter.
5. When the City of Paris Code Enforcement Officer finds any pool, hot tub or spa is not being maintained in accordance with this chapter and presents a danger to the life, health or safety of any person, then the City of Paris Code Enforcement Officer shall give notice as set forth in this section to the owner of the real estate upon which the violation has occurred.
D. Appurtenances and Accessories
Appurtenances and accessories, such as, but not limited to, circulating pumps, water filters, water heaters, chlorination systems, booster pumps, electrical panels, etc.
(1) May not encroach into any easement; and
(2) Must be completely screened from view from the street by solid, site-proof fence of wood, masonry, or stone (not chain link, plastic, etc.) if located on any side of the principal structure which allows public view from any public street or public right of way.
E. Accessory Structures
(1) Detached accessory structures such as, but not limited to, pool houses, showers, dressing rooms, equipment storage buildings, pool slides, etc., shall comply with all applicable technical Code requirements of the City of Paris Building Codes and the Zoning Ordinance.
(2) Accessory Dwelling Units must comply with the provisions of this section and the provisions of any applicable Accessory Dwelling Unit Ordinance.
(3) Permits for accessory structures are required. Applications for permits may be obtained from the City Manager or City Manager's designee. Applications shall be reviewed and approved by the City Manager or the City Manager's designee prior to issuance of a building permit from the City of Paris.
F. Floodplain and Floodway Areas
1. Installation of swimming pools, hot tubs and spas on properties located in the floodplain areas of the City requires approval of the City of Paris engineering department prior to approval of a permit application.
(a) Pool equipment should be one foot above the base floodplain elevation using the Federal Emergency Management Agency (FEMA) Flood Insurance Profile.
(b) Above ground pools in the floodplain shall be anchored.
2. There shall be no swimming pools, hot tubs or spas on property located in the floodway.
3. The following documentation is required prior to the issuance of a permit for a swimming pool located in a floodplain:
(a) A plan drawn to scale showing the location, dimensions, existing and proposed elevations and grading of the area(s) in question where the swimming pool, hot tub and/or spa are to be installed.
(b) The elevation of the swimming pool, hot tub and/or spa deck in relation to mean sea level.
(c) The elevation of the 100-year base flood as determined from the most recent printing of the Flood Insurance Rate Map (FIRM) for the area as published by the Federal Emergency Management Agency (FEMA).
(d) Certificate by a registered land surveyor that the swimming pool, hot tub and/or spa deck will be one and one-half feet or more above the base flood elevation if the proposed plan is implemented.
(e) A description of a known benchmark, or temporary benchmark, including location and elevation used in determining elevations at the site. Surveyor should use GPS and a global positioning unit for verification of the benchmark utilized. Type of GPS field procedure should be included and surveyors shall meet Tennessee standards of professional practice.
G. Drainage of Water
1. The water in swimming pools, hot tubs and spas, when it is necessary to be drained, shall not be drained in a manner that will create a nuisance to adjoining properties.
2. Water accumulating on the top of covers is classified as rainwater. Rainwater may be drained into the sanitary sewer system or the street storm drains. It may be drained into the ground surface provided that it does not cause a nuisance to adjacent property owners. The drainage of rainwater onto the ground surface that causes, or is claimed to cause, a nuisance to adjacent property owners is a civil matter to be resolved between the property owners.
H. Notification, Violation and Penalty
1. Notice of Violation. Upon the failure of any owner of property within the City to meet any of the provisions of this chapter, the City shall serve a notice of violation.
2. Notice of Violation shall be given to the owner of such property to bring the property into compliance within a specified time of the effective date of such notice.
3. Notice of Violation may be given by personal service on the owner or one of the owners, or the duly authorized agent of such owner, or upon any person of suitable age and discretion residing in the owner(s)'s usual place of residence, or by first-class letter addressed to the last known place of residence of such owner(s). Proof of the mailing of such first class letter by the City shall be a complete compliance with this section.
4. In the event the Notice of Violation is returned in the mail, the notice shall be posted on the property where the violation exists by taping or affixing the Notice on or near the front door of the dwelling an envelope containing the notice, or in the case of a vacant lot, by placing a sign containing the notice on the property. Such notice shall include a description of the location of the violation; a statement of violation or violations; a correction order with a reasonable time to correct the violation and include, if applicable, a statement of the right to file a lien in accordance with the provisions outlined in in this section.
5. If a property owner fails to correct the condition set forth in the Notice of Violation within the time specified in the notice to the owner, the owner shall be subject to fines and penalties as provided in this section.
6. The effective date of the Notice of Violation shall be the date when notice is delivered by personal service and/or posted on the property, or if the Notice of Violation is mailed by first-class mail the effective date shall be seven business days after mailing.
7. Notices in the form of signs, tags or other items posted of affixed by the Code Enforcement Officer shall not be removed, mutilated, destroyed or tampered without authorization from the Code Enforcement Officer.
8. Violation and penalty.
(a) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than $50.00, or the maximum amount allowed by law. Each day's continuance of a violation shall be considered a separate offense.
(b) The owner of any premise, where anything in violation of this chapter shall exist, and any person who may have knowingly assisted in the commission of any such violation, shall be guilty of separate offenses.
(c) Persons in violation of this chapter may also be subject to injunctive proceedings.
(d) In addition to the penalty provided in this section, if a property owner fails to correct a violation under this chapter, the City Manager or the City Manager's designee shall cause the violation to be corrected.
(e) If the City of Paris Code Enforcement officer determines that a violation presents a foreseeable danger to the life, health, or safety of any person, the City of Paris is be authorized to have said pool, hot tub or spa drained of all water and either the shell fractured and filled with dirt or sand that is not capable of holding water, or covered with a material of sufficient strength, durability and water tightness to prevent the entrance of water or people.
(f) All expenses, including costs of labor, incurred by the City of Paris for correcting and/or remediating any violations of this section may be accessed to the real estate upon which the violation occurred as a lien and may be recorded as a Notice of Lien in the Register's Office of Henry County, Tennessee. This lien shall affix to the real estate immediately. The Notice of Lien may include an administrative fee and recording fee, incurred by the City of Paris, and such amount of the lien shall accrue interest at ten (10) percent per annum from the date of recording of the Notice of Lien.
(e) A copy of any Notice of Lien shall be mailed by certified mail to the last known address of the owner of the property.
(f) The City of Paris Finance Director is authorized to collect, in the same manner as for taxes, the amount due pursuant to the Notice of Lien at the time city taxes levied against such property are collected for the next succeeding year. For any such expenditures, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements.
(Ord. #1302, 02/01/2024)